MCI Telecommunications Corp. v. Alhadhood

BENAVIDES, Circuit Judge:

Defendants-Appellants appeal the district court’s order denying their motion to vacate default judgment on the basis of their sovereign immunity under the Foreign Sovereign Immunities Act (“FSIA”). The district court found that Defendants-Appellants made promises to Plaintiff-Appellee MCI Telecommunications Corporation (“MCI”) that qualified as commercial activity under the commercial activity exception of the FSIA, 28 U.S.C. § 1605(a)(2) because private parties would normally make such promises while participating in the market. We reverse based on our finding that…